Imenti Central MP Gideon Mwiti has been charged with rape, assault and intimidation after spending April 1, 2015 night in police custody. Mwiti was arraigned before Resident Magistrate Edda Agade at Milimani Law Courts and was released on a Sh100,000 cash bail. PHOTO | BILLY MUTAI
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The victim’s three lawyers, Harun Ndubi, Mbaka Muchemi and Teresa Omondi, had told the court that the MP was interfering with the investigations, a claim the magistrate dismissed as not sufficient to have him remanded.
Imenti Central MP Gideon Mwiti was Thursday released on a Sh100,000 cash bail after denying raping, intimidating and assaulting a married woman nearly two weeks ago.
Mr Mwiti is alleged to have forced the woman to take an HIV test before assaulting and raping her.
The doctor who allegedly conducted the HIV test, Dr Mwangi Muchiri, was arrested last Friday and was charged at the Kibera Law Courts on Monday.
While appearing before Resident Magistrate Edda Agade, the lawmaker pleaded not guilty to the three counts linked to the Sexual Offenses Act.
The victim’s three lawyers, Harun Ndubi, Mbaka Muchemi and Teresa Omondi, had told the court that the MP was interfering with the investigations, a claim the magistrate dismissed as not sufficient to have him remanded.
“Bail is a constitutional right, I agree with the defence, and there is nothing on record indicating that Mr Mwiti would abscond trial,” Magistrate Agade said.
“However, the allegations on intimidation impacts negatively on him, but I will hold his lawyer to his own words that he would not fail to appear in court whenever he is required.”
Mr Mwiti’s lawyers John Khaminwa and Henry Kurauka had pleaded with the magistrate to have Mr Mwiti released on bail on grounds that he is suffering from advanced stage diabetes.
They also argued that pressure had been mounted from an undisclosed sources for Mr Mwiti to face prosecution in court instead of leaving the matter to be investigated by the office of the Director of Public Prosecution and other relevant organs.
Mr Mwiti’s rape charge sheet stated that on March 21, ‘‘he intentionally and unlawfully obtained a consent by force and had sex with the victim at Tana Club along Woodvale Groove in Westlands, Nairobi.’’
The intimidation charge stated that on the same date and venue ‘‘he intimidated the victim with intent to cause her to have sexual intercourse with him yet he is not legally bound to do so and hence caused her injuries.’’
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